There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Search Posts
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No Florida Insurance Bailout
It seems that the state of Florida has overpromised insurance coverage to its citizens in the case of a catastrophic storm, and now is…
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Book-Banning, 21st Century Style
Remember the fuss when it was revealed that Sarah Palin had enquired about removing books from her town library? It would have been so much…
Newsletter
Stocks Drop, Thrift Stores Threatened and Spending Tobacco Money
Stock values drop as investors await the passage of an economic stimulus bill and the new rules and restrictions that it will come with. New…
News Release
Senate Approves Stimulus, Steps off Economic Cliff
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Dickie Scruggs Back in Court
But, alas, not as a litigator – the role that made him rich and famous – but as a defendant. According to Legal Newsline,…
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Amid Recession, Congress Forces Thrift Stores to Close
According to statements from the National Association of Retail & Thrift Shops and the National Association of Manufacturers, a law designed to protect kids…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment